Fox News motion to dismiss for failure to state a claim, Seth Rich murder reporting, Plaintiffs are parents of Seth Rich a DNC staffer
whose murder and possible involvement in leaking DNC emails to WikiLeaks was the subject of article published May 16, 2017

“I know that Seth Rich was involved in the DNC leak.”…Kim Dotcom

“Let me tell you something. They were all over that woman,”
“And it was the type of stuff we ran into with the outfit (the Chicago mob). Intimidation just by watching her, making their presence known. … Just to let her know ‘We can do what we want.’ ”…Attorney David Schippers, Clinton investigator

“Burkman said in an interview that he considered Selig like a brother and was badly shaken by his friend’s death.”
“The tragically ironic part is Glenn’s last words to me were, ‘Be careful,’” Burkman said. “It’s just a tragedy — terrible.””…Politico Jan. 24, 2018

From the Fox News motion to dismiss.

“INTRODUCTION
Plaintiffs are the parents of Seth Rich, a Democratic National Committee (“DNC”) staffer whose murder and possible involvement in leaking DNC emails to WikiLeaks was the subject of a Fox News article published on May 16, 2017, and retracted a week later. Although the article was not about the Plaintiffs, they claim damages for intentional infliction of emotional distress.
And although the report was unquestionably a matter of legitimate public interest, they seek to hold Fox News and one of its reporters liable for tortious interference with contract based on a confidentiality provision in an agreement the Plaintiffs had with an investigator who was quoted in the article. These claims have no precedent in the common law and are incompatible with the
First Amendment right of the press to report on matters of legitimate public concern.
Plaintiffs allege that the source of their emotional distress is the publication of false and defamatory news stories about their son. But it is the law of New York and elsewhere that surviving family members have no cause of action for the libel of a deceased relative, no matter how much emotional distress they may have suffered. Plaintiffs cannot plead around that rule simply by styling their claim as one for intentional infliction of emotional distress. Nor can
Plaintiffs allege the kind of extreme or outrageous behavior that can support such a claim.
Plaintiffs’ tortious interference claim is based on the allegation that Rod Wheeler, a former homicide detective investigating Seth Rich’s murder on their behalf, breached the confidentiality clause in his contract with them when he divulged information about his investigation to Fox News
without Plaintiffs’ consent. But Plaintiffs have not sued Wheeler for this alleged breach. Nor have they alleged the elements of a claim of tortious interference against Fox News and its reporter: that the Fox News reporter intended to induce a breach of the confidentiality provision—or even that she knew Wheeler would be providing information without Plaintiffs’ consent in violation of his agreement—and that she acted “without reasonable justification” and “for the sole purpose of harming the plaintiff,” rather than reporting on an issue of legitimate public concern. Huggins v. Povich, No. 131164/94, 1996 WL 515498, at *9 (N.Y. Sup. Ct. Apr. 19, 1996). Private confidentiality provisions cannot be invoked to impose liability in such a case without violating the most fundamental rights of a free press to report on matters of legitimate public interest. For
these reasons and others elaborated below, the motion of Fox News Network, LLC, and Malia Zimmerman to dismiss for failure to state a claim should be granted with prejudice.”

“Maria Sanchez was arrested on May 6, 2008 by investigators of the Alamance County Sheriff’s Office for stealing and using the identity of Veronica Arias.
Sanchez used the name, SSN, DOB, of Veronica Arias who is a living resident of Texas.
As a post-arrest procedure, Maria Sanchez was processed under the 287G program and identified as an illegal alien. She was subsequently processed for deportation.
Sanchez was provided work notes by the Alamance County Health Department to return to work at HondaPower Equipment (this creates substantial tax implications for the real Veronica Arias who is a lawful U.S. resident/citizen).”…Alamance County NC sheriff report 2008

“High importance. I met with Jim and Mike in Denver. They are both old friends of the Clintons and have lots of experience. Mike hosted our Boulder Road Show event. They are reliving the 08 caucuses where they believe the Obama forces flooded the caucuses with ineligible voters. They want to organize lawyers for caucus protection, election protection and to raise hard $.”…Podesta Wikileaks email leak

“What is your threshold for acceptable voter fraud since 1 vote can win most elections?”…Citizen Wells

MONTGOMERY, Ala. – An election complaint was filed today on behalf of Roy S. Moore and Judge Roy Moore for U.S. Senate in the Circuit Court of Montgomery Alabama. The purpose of the complaint is to preserve evidence of potential election fraud and to postpone the certification of Alabama’s Special Election by Secretary of State John Merrill until a thorough investigation of potential election fraud, that improperly altered the outcome of this election, is conducted.

Three national Election Integrity experts reached the same independent conclusion: “with a reasonable degree of statistical and mathematical certainty…election fraud occurred.”

The election experts, who submitted affidavits in the complaint, agree that the irregularities in 20 precincts of Jefferson County alone are enough to reverse the outcome of the election. Richard Charnin, who holds three degrees in applied mathematics, and who has written four books on election fraud, calculates the probability of the election results in these precincts happening naturally is “less than one in 15 billion.”

Also provided in the complaint is an affidavit from Judge Roy Moore stating that he successfully completed a polygraph test confirming the representations of misconduct made against him during the campaign are completely false.

Moore stated, “It’s appalling that the Democrat Senate Majority PAC and the Republican Senate Leadership Fund both spent millions to run false and malicious ads against me in this campaign.”

“This is not a Republican or Democrat issue as election integrity should matter to everyone,” said Moore. “We call on Secretary of State Merrill to delay certification until there is a thorough investigation of what three independent election experts agree took place: election fraud sufficient to overturn the outcome of the election.”

Secretary of State John Merrill, along with Governor Kay Ivey and Attorney General Steve Marshall, will make their decision regarding certification tomorrow, December 28. The citizens of Alabama who care about voter integrity are encouraged to call them and ask for a delay in certification and a preservation of evidence until an investigation is conducted.

“Seth Rich was murdered by apparently 2 assassins. There was no botched robbery. If you do not know this you are a victim or perpetrator of the Orwellian fake news media.”…Citizen Wells

“The fact of the matter is Hillary is a terrorist. I invite you to look up the definition of terrorism. It is the use of violence, threats, or intimidation to achieve a political aim”…Dolly Kyle Browning

“We are being lied to on a scale unimaginable by George Orwell.”…Citizen Wells

A television spot asking viewers for information about the 2016 death of Democratic National Committee staffer Seth Rich will launch soon in Washington, D.C. As theories circulate around the unsolved death, the spot will include Russian subtitles.

“There’s reason to believe that there could be a Russian connection, so what we did was we wanted to tap into everything,” says a spokesman for Jack Burkman, a Republican lobbyist who funded the ad. “If in fact there is a Russian connection—and people haven’t been able to rule out it’s still a possibility—we thought it would be a good idea to reach out to them.”

Rich, 27, was fatally shot in July 2016 while walking home late at night in Washington. Police have said they believe the incident was a botched robbery. But because Rich worked for the Democratic National Committee, and because WikiLeaks published thousands of emails from the committee less two weeks after his death, people have speculated that Rich provided the materials to WikiLeaks and that his death was perhaps an attempt to prevent him from doing so or to punish him for it. Since then, Fox News’s Sean Hannity, the Russian embassy in London, the Internet entrepreneur Kim Dotcom, who the U.S. Department of Justice has accused of illegal activity, and others have pushed forward the theory. Rich’s parents have called for such claims to stop.

Burkman, the lobbyist behind the TV spot, announced last September that he would offer $100,000 to anyone who solves the killing. He also launched the Profiling Project, a team working to solve the case. “The objective here really is just to get closure for this family,” Burkman toldNewsweek in 2016. He added, “You certainly can’t rule out any theories, or at least you shouldn’t.” In June, the Profiling Project released an 83-page report claiming that the person who murdered Rich was probably “a hired killer or serial murderer.” A spokesman for the Rich family disputed the findings.

The 30-second spot will have its debut on Tuesday in Washington and appear later in other markets, according to the spokesman for Burkman. Newsweek obtained an early copy of the ad, and it shows Burkman speaking into the camera about the case and imploring viewers to visit the website Who Killed Seth. The website has information for sending tips to Washington’s Metropolitan Police Department. The Russian subtitles appear throughout the ad. Burkman is holding a press conference on Monday in Washington to discuss the ad.

During its initial run, the spot is ostensibly targeting a small population; there are only around 1,900 Russian speakers living in Washington, and just 400 or so speak English less than “very well,” according to Census estimates published in 2015.”

“The Party told you to reject the evidence of your eyes and ears. It was their final, most essential command. His heart sank as he thought of the enormous power arrayed against him, the ease with which any Party intellectual would overthrow him in debate, the subtle arguments which he would not be able to understand, much less answer. And yet he was in the right! They were wrong and he was right. The obvious, the silly, and the true had got to be defended. Truisms are true, hold on to that! The solid world exists, its laws do not change. Stones are hard, water is wet, objects unsupported fall towards the earth’s centre. With the feeling that he was speaking to O’Brien, and also that he was setting forth an important axiom, he wrote:

Freedom is the freedom to say that two plus two make four. If that is granted, all else follows.”…George Orwell, “1984”

July 10, 2017 is the one year anniversary of the murder/assassination of Seth Rich.

Forensic experts studied the case and their conclusion was that it was not a botched robbery.

They stated that it was probably a hit or serial killer.

Fox News reported that a video showed the legs of 2 men following Rich just before he collapsed.

That points to hit men.

The mainstream/fake news media jumped all over this to protect Hillary and the DNC while concurrently promoting the false flag Russia interference meme.

Well mainstream/fake news media, and other components of the Orwellian Thought Police, if Rich wasn’t murdered for leaking the DNC data, what was he murdered for by apparently 2 men who knew what they were doing?

The hard proven facts in this case are compelling.

But so is the mountain of circumstantial evidence.

“Books, movies, and television often perpetuate the belief that circumstantial evidence may not be used to convict a criminal of a crime. But this view is incorrect. In many cases, circumstantial evidence is the only evidence linking an accused to a crime; direct evidence may simply not exist. As a result, the jury may have only circumstantial evidence to consider in determining whether to convict or acquit a person charged with a crime.

In fact, the U.S. Supreme Court has stated that”circumstantial evidence is intrinsically no different from testimonial [direct] evidence”(Holland v. United States, 348 U.S. 121,75 S. Ct. 127, 99 L. Ed. 150 [1954]). Thus, the distinction between direct and circumstantial evidence has little practical effect in the presentation or admissibility of evidence in trials.”

Forget the false narrative of a botched robbery and the messenger shooting from the mainstream/fake news media. Examine the facts and draw your own conclusions.

Better yet, urge the Trump Administration and Justice Dept. to get involved.

There is another petition to “Appoint a Special Prosecutor to investigate the murder of Seth Rich”

” “Four-Letter Words, the Keys to Success: Home Work, Hard Work, Team Work, Good Luck, Good Lord, and a Good Idea.” Out of money in 1939, he dropped out of college and returned home to work in his brother Glenn’s store in Kannapolis, and later worked for Cannon Mills as an auditor. He volunteered for the army after the attack on Pearl Harbor, serving in North Africa and Italy from 1942 to 1945. Upon his return from the war, Mr. Ketner did everything possible to stay out of the grocery business, working nine jobs he didn’t like before ultimately returning to work for Glenn. When Glenn sold his chain of 25 stores to Winn-Dixie in 1956, Ralph and brother Brown worked briefly for that chain before starting Food Town with former co-worker, Wilson Smith, in 1957.”…Ralph Ketner, founder of Food Lion obituary

“We are being lied to on a scale unimaginable by George Orwell.”…Citizen Wells

I suppose I am as qualified to write this as anyone.

I have been vocal and active in trying to reveal the truth at Citizen Wells since early 2008.

I attended college, taught college, spent most of my life in the real world of business and in recent years mingled with many students, faculty and learned folk.

I am not anti education, real education, and certainly many colleges and courses serve a valuable and necessary function.

However, the notion that a four year degree is essential and that a college education is a guaranteed meal ticket is a myth or if you prefer, a conspiracy theory.

And of course as all of you who are not low information voters know, most modern colleges are brain washing factories and proponents of left leaning ideologies.

Colleges have been self serving entities from the start when itinerant scholars around a thousand years ago began tutoring those of money and title. This morphed into colleges.

The paradigm of mass college attendance only worked for a short while after World War II and was enabled by the GI Bill and a vibrant economy.

We need a vibrant economy.

From Zero Hedge July 3, 2017.

“Colleges Are Preparing Kids For An Economy That No Longer Exists” As They Continue To Scam Parents And Students”

“Is there really anything that takes 4 to 8 years to learn or become an expert in?

Seriously, what a waste of time. Even Ham, the first ape that went into space, only trained for 2 years.

Colleges have convinced nearly everyone that you need a degree to be an effective employee or higher-income adult, but this is just not true.

I can tell you as an employer that I’ve never asked a single person what their grades were and I’ve never asked to see a degree.

The ugly truth is the ones with college degrees usually end up writing SEO articles for $15 an hour and the skilled workers who’ve been writing code as a hobby or editing videos for years on a MAC end up as managers making $75+ per hour.

Young people today who sign up for college are committing to 3 things.

1. Debt: It’s pure insanity that you’re required to pay for information that is freely available to all.

Think about it: a Google search, a 6-week or 6-month course, on the job training… All of these beat the price of college tuition.

Why anyone would borrow money for a college degree makes no sense. Unless the government has screwed your industry with a mandatory college degree in order to get some sort of license, like to practice medicine or law, what exactly is it that you need to pay the college for?

2. Four unproductive years: Ouch! One of the biggest negative effects is that you’re detouring a life for 4 full years or more.

It’s totally unnecessary at this point. When I was 18 years old, I made $55,000 while my peers sat in a classroom learning things that were forgotten before they even left the campus that day.

By the time I was 22 years old, instead of having a degree, I had made $260,000 working at a job for the past four years, I owned two businesses that cash-flowed, and I had over 10 rental properties, not including about $400,000 I had made from flipping homes as a side gig.

3. A workforce that isn’t there: Let’s be honest, colleges are preparing our young people for an economy that no longer exists!”

“If then the courts are to regard the constitution; and the constitution is superior to any ordinary act of the legislature; the constitution, and not such ordinary act, must govern the case to which they both apply.”
“The judicial power of the United States is extended to all cases arising under the constitution. Could it be the intention of those who gave this power, to say that, in using it, the constitution should not be looked into? That a case arising under the constitution should be decided without examining the instrument under which it arises? This is too extravagant to be maintained.”
“Why does a judge swear to discharge his duties agreeably to the constitution of the United States, if that constitution forms no rule for his government? if it is closed upon him, and cannot be inspected by him?”…Marbury V Madison

“These are the times that try men’s souls. The summer soldier and the sunshine patriot will, in this crisis, shrink from the service of their country; but he that stands now, deserves the love and thanks of man and woman. Tyranny, like hell, is not easily conquered; yet we have this consolation with us, that the harder the conflict, the more glorious the triumph.”…Thomas Paine

“Moore said he’s seen no convincing evidence that Obama is a “natural born citizen” and a lot of evidence that suggests he is not.”…Judge Roy Moore interview by WND

From H. Brooke Paige.

“A quick read finds that the court chose not to reach the merits and
rendered a split (3-2) decision on the issue of mootness. While not
stated, it appears that they did not find that plaintiff/appellant lacked
standing or that the court lacked jurisdiction. The court erred in
assigning blame for procedural delays entirely on plaintiff as I did not
make requests for elongation of time in filing while the defendants did so
on five occasions.

Robinson, with Eaton concurring, took exception with the court’s failure
to find that case presented a permissible exception to mootness.”

From the decision:

“¶ 12. As to the second prong, appellant recognizes the change in the facts, acknowledging in his brief that “[w]e are beyond the primary election in Vermont.” In response, he re-directs his argument away from the fall 2016 election and toward future elections. First, he maintains that
addressing the issue of whether Senators Cruz and Rubio are constitutionally qualified to appear on future ballots not only would redress his injuries but also would be practical for the public as a whole:
The Court can give plaintiff a remedy which will redress his injuries,
that remedy being a declaration that Cruz and Rubio are not Article
II natural born citizens and that the Vermont Secretary of State is
not to place their names on the primary or general election ballot in
future presidential elections. . . . At this stage, it will not cause the
State of Vermont any inconvenience or extra expense for it to follow
a judgment of this Court as to whether the names of Cruz or Rubio
should be allowed to be printed on future election ballots.
Addressing the issue at this early stage will avoid any confusion or
interference with the rights of Vermont voters to cast their ballots
during future elections. (Emphasis added)
And later appellant directly argues that the issue is bound to come up again:
The issue of what is a natural born citizen and the state’s role in
answering that question as it applies to placing candidates for
president on the state election ballots remains even though the
election is over . . . this issue just keeps coming up but is never
resolved for one reason or another. (Emphasis added)
¶ 13. Without assessing the first prong of the test for cases that are capable of repetition but evading review, we determine that appellant is unable to satisfy the second prong—he is unable to show that there is a reasonable expectation that he “will be subjected to the same action again.”
Id. ¶ 6. Appellant’s argument here boils down to mere speculation: “Cruz and Rubio will probably be running for President again in 2020.” While it is true that the Senators may run for president during the next election, appellant must show that it is more than just “theoretically possible” that the situation he currently objects to will repeat itself; rather, he must show a “demonstrated probability” that he will become embroiled again in this same situation. In re Green Mountain
Power Corp., 148 Vt. 333, 335, 532 A.2d 582, 584 (1987). But appellant offers nothing to support his speculation—no legal filings by either Senator and no statements by either Senator to the effect that they will run for president in the future.
¶ 14. A decision by this Court regarding the meaning of the phrase “natural born
Citizen”—and, ultimately, whether the Senators may run for president in Vermont—cannot be based on mere speculation. Appellant’s case is similar to those in which we have found that the capable-of-repetition-but-evading-review exception does not apply. See In re P.S., 167 Vt. at 68,
702 A.2d at 101 (holding that appeal of revocation of nonhospitalization order of mental patient who had later been released under separate order did not meet mootness exception because court’s findings regarding first order were specific to month in which they were made and any future revocations would “be based on new fact patterns”); Dor ia, 156 Vt. at 119-20, 589 A.2d at 319
(finding that mootness exception did not apply in case in which defeated gubernatorial candidate objected to poll conducted by university professor, because candidate did not “show any reasonable expectation that he will be subjected to the same type of political poll” in future elections); see also State v. Gundlah, 160 Vt. 193, 196, 624 A.2d 368, 370 (1993) (holding that no
mootness exception applied in journalist’s appeal of contempt-of-court conviction for refusing to testify at prosecution of prison escapee who subsequently pleaded no contest, because “[a] repetition of the fact pattern presented seems highly unlikely and certainly does not rise to a
reasonable expectation.”). ”

“¶ 17. Appellant’s case is moot because it no longer involves an actual controversy, appellant no longer has a legally cognizable interest in its outcome, and it does not meet either exception to the mootness doctrine argued by appellant. At this time, any opinion issued by this Court on the issues raised by appellant would merely be advisory, and would not be within our
constitutional authority to render. See Doria, 156 Vt. at 117, 589 A.2d at 318. We therefore affirm its dismissal by the trial court.”

“If This Story Gets Out, We Are Screwed”…Wikileaks: Doug Band to John Podesta

“I know that Seth Rich was involved in the DNC leak.”…Kim Dotcom

“Let me tell you something. They were all over that woman,”
“And it was the type of stuff we ran into with the outfit (the Chicago mob). Intimidation just by watching her, making their presence known. … Just to let her know ‘We can do what we want.’ ”…Attorney David Schippers, Clinton investigator

From The Profiling Project DC Superior Court filing, May 31, 2017.

“COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF

[Freedom of Information Act, D.C. Code § 2-531, et seq.]

1. This action is brought under the District of Columbia’s Freedom of Information Act (“FOIA”), D.C. Code § 2-531, et seq., as amended. Plaintiff, The Profiling Project, seeks injunctive and other appropriate relief for the disclosure and production of specific information.
The Profiling Project is an independent nonpartisan organization dedicated exclusively to solving the murder of Seth Rich. The D.C. Metropolitan Police Department (MPD) is obligated by law to maintain and make public records regarding the official acts of government and public officials. Specifically, The Profiling Project is seeking: 1) The surveillance video footage from the
second-floor camera at Fragler Market; 2) The Medical Examiner’s report from the examination of the body of Seth Rich; and 3) The forensic ballistic report of from the murder of Seth Rich.
The records sought are specific to the MPD’s controversial handling of the Seth Rich murder and are crucial to the public’s understanding of, and ability to evaluate, the MPD’s conduct during its investigation.

2. MPD began their investigation of the Seth Rich murder on July 12, 2016 and has not released any new information since October 16, 2016. MPD essentially terminated their efforts in late October 2016. The case is now clearly a cold case. As such, the release of the desired information would not and could not harm MPD’s efforts in any way, as there is no continuing effort.

3. Significantly, this information is being irresponsibly withheld because its release would inform the public and lead to solving the murder of Seth Rich.

4. The MPD, having mismanaged the murder of an important young man, and wanting to keep such information concealed from public knowledge, is refusing to fulfill its record keeping obligations and public disclosure requirement and make public those records.

5. The D.C. Metropolitan Police Department and Chief Peter Newsham are standing in willful disobedience of their lawful obligations to disclose information, including defiantly stating
a refusal to disclose information where such information is mandated by law that it “shall be made available to the public on request.”

6. This defies the police accountability and transparency that the D.C. City Council intended to protect

7. The release of this crucial material will help bring peace to the victim’s family, and it will help to either confirm or refute the various theories that swirl about this important murder case.

8. During the investigation of the murder of Seth Rich, MPD acquired two security videos from the Flagler Market taken during the early morning hours of July 12, 2016. They have not made either video available.

9. The medical examiner’s report regarding the death of Seth Rich has never been released.”